Rajave Textiles Private Limited v. The Authorised Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.02.2022 CORAM :

THE HON'BLE MR. JUSTICE M. DURAISWAMY AND THE HON'BLE MRS. JUSTICE T.V. THAMILSELVI W.P. Nos. 2109 & 2111 of 2022 and W.M.P.Nos.2272 & 2277 of 2022 Rajave Textile Private Limited, Represented by its Managing Director, Mr.S.Ravindran S.F.No.77/1, Kannampalayam Road, Sulur, Coimbatore - 641 402.

.. Petitioner in both WPs vs.

1. The Authorized Officer, Union Bank of India (E-Corporation Bank).

816, Oppanakara Street, Coimbatore - 641 001.

2. The Hon'ble Debts Recovery Tribunal, Represented by its Registrar, Coimbatore - 641 018.

3. P.K. Ganeshwar ... Respondents in both Wps

4. The District Collector, 7/1, State Bank Road, Gopalapuram, Coimbatore - 641 018 .. 4th Respondents in W.P.No.2111/2022 W.P.No.2109/2022 :

Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari, calling for the records on the file of the 1st respondent in the impugned auction sale notice dated 19.07.2021 in Ref.No.OR.CBE/REC/132/2021-22, published in Indian Express and Dinamani and quash the same as illegal.

W.P.No.2111 /2022 : Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari, calling for the records on the file of the 4th respondent in the impugned auction Ref.No.9187/2018/E3, order dated

12.04.2021 passed by the District Collector, Coimbatore, under section 14 of the SARFAESI Act, 2002.

For Petitioner : Mr. Sathish Parasaran, Senior Counsel for Mr.M.Jayaprakash For Respondent: Mr. Balaji - R3 COMMON ORDER (Order of the Court made by M.DURAISWAMY,J.) Mr. Sathish Parasaran, learned Senior Counsel appearing for the petitioner, after making elaborate submissions, seeks permission of this Court to withdraw the Writ Petitions. Further, the learned Senior Counsel submitted that appeals in S.A.Nos. 102 of 2016 and 308, 427 and 438 of 2021 pending on the file of the Debts Recovery Tribunal, Coimbatore, may be directed to be disposed of, within a time frame.

2. In view of the submissions made by the learned Senior Counsel appearing for the petitioner, the Writ Petitions are dismissed as withdrawn. We direct the Debts Recovery Tribunal, Coimbatore to dispose of the appeals in S.A.Nos. 102 of 2016 and 308, 427 and 438 of 2021, on merits and in accordance with law, as expeditiously as possible. No costs. Consequently, the connected Miscellaneous Petitions are closed. Sd/- Deputy Assistant Registrar(CS) //True Copy// Sub Assistant Registrar Rj To

1. The Authorized Officer, Union Bank of India (E-Corporation Bank), 816, Oppanakara Street, Coimbatore - 641 001.

2. The Registrar, Debts Recovery Tribunal, Coimbatore - 641 018.

3. The District Collector, 7/1, State Bank Road, Gopalapuram, Coimbatore - 641 018 +2cc to Mr.M.Jayaprakash, Advocate, S.R.No.8281 +1cc to Mr.A.Thiyagarajan, Advocate, S.R.No.8489 W.P. Nos.2109 & 2111 of 2022 and W.M.P.Nos.2272 & 2277 of 2022 KSM(CO) CT(21/02/2022)